601A Guidance

Per recent USCIS guidance, USCIS will no longer deny a provisional waiver application based on a reason to believe that an applicant may be inadmissible due to a CIMT if the evidence shows that the applicant’s criminal offense: (1) falls within the petty offense or youthful offender exception; or (2) it is not a CIMT. This is a good change in policy that should encourage more eligible aliens to apply. Those who are eligible should take advantage of this favorable policy before USCIS decides to change it again in response to unforeseen problems. However, applicants should not be satisfied with submitting complete evidence and expect USCIS to figure out the applicable exceptions. It is the applicant’s duty to explain clearly why exceptions apply or why the offense is not a CIMT.

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